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Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules, which means that in the event that a jury finds you to be at fault for causing the crash the amount of damages awarded will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant had an obligation of care to them. Most people owe this duty to everyone else, however those who are behind the car have a greater obligation to others in their area of operation. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual's actions with what a normal person would do in the same circumstances. In the event of medical malpractice experts are often required. People who have superior knowledge in a specific field could also be held to the highest standards of care than other people in similar situations.

A breach of a person's duty of care could cause harm to the victim or their property. The victim must demonstrate that the defendant did not fulfill their obligation and caused the damage or damage that they suffered. The proof of causation is an essential element in any negligence case which involves taking into consideration both the real causes of the injury damages as well as the reason for the injury or damage.

For example, if someone is stopped at a red light then it's likely that they will be hit by another car. If their vehicle is damaged, motor Vehicle accidents they will need to pay for repairs. However, the real cause of the crash could be a cut from bricks that later develop into a deadly infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury claim. A breach of duty is when the actions of the at-fault party are not in line with what a normal person would do in similar circumstances.

A doctor, motor vehicle Accidents for instance, has a variety of professional obligations to his patients, arising from the law of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, and to respect traffic laws. A driver who breaches this obligation and creates an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not comply with the standard in his actions. It is a matter of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the main cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light however, that's not the reason for the accident on your bicycle. This is why causation is often contested by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffers neck injuries in an accident that involved rear-end collisions then his or her attorney will argue that the incident caused the injury. Other factors that are necessary to cause the collision, like being in a stationary car are not culpable and will not affect the jury's determination of the cause of the accident.

It may be harder to establish a causal link between a negligent act and the plaintiff's psychological problems. The fact that the plaintiff had a troubled childhood, poor relationship with their parents, abused alcohol and drugs or had previous unemployment may have some influence on the severity the psychological problems he or suffers following an accident, however, the courts typically view these elements as an element of the background conditions that caused the accident in which the plaintiff occurred, rather than as an independent cause of the injuries.

If you have been in a serious motor vehicle crash it is crucial to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in a variety of specialties as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first category of damages includes all costs that can easily be summed up and summed up into an overall amount, including medical treatment and lost wages, repairs to property, and even future financial loss, like loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like suffering and pain, as well as loss of enjoyment, which cannot be reduced to a dollar amount. However these damages must be proved to exist by a variety of evidence, including deposition testimony of the plaintiff's family members and close friends medical records, other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages award should be allocated between them. The jury must determine the percentage of fault each defendant is responsible for the accident and then divide the total damages awarded by that percentage. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissiveness applies is complex, and typically only a clear proof that the owner specifically refused permission to operate the car will overcome it.